Settlement of All Claims. Other than as to settlements that are covered by Subparagraph 3(b) below, in the event of either (i) a Settlement (as defined in Subparagraph 3(c) below) of all claims in the Class Action that is agreed to by all Signatories (with the exception of any Signatory that has entered into a Partial Settlement (as defined in Subparagraph 3(c) below) of, or has otherwise received a release of, all claims asserted against it in the Class Action), or (ii) a Settlement by an Individual Plaintiff (other than an Individual Plaintiff in an Opt-Out Action) of all claims that it asserts in each and every action in the Interchange Litigation and that is agreed to by all Signatories (with the exception of any Signatory that has entered into a Partial Settlement of, or has otherwise received a release of, all claims asserted against it by that Individual Plaintiff) (each of the foregoing constituting a “Settlement of All Claims”), each Signatory hereto shall have a “Settlement-Sharing Payment Obligation” under this Agreement with respect to the Monetary Portion of such a Settlement that shall be calculated as follows: (A) as provided under the terms of the Omnibus Agreement Regarding Interchange Litigation Judgment Sharing And Settlement Sharing dated as of February 7, 2011 (“Omnibus Agreement”), the total value of the Monetary Portion of the Settlement agreed to be paid (“Total Settlement Amount”) shall be divided into a “MasterCard Portion” and a “Visa Portion” using the following percentages: MasterCard Portion: 33.3333%, and Visa Portion: 66.6667%; (B) the MasterCard Portion of the Settlement shall be allocated among each of the Signatories according to percentages for each Signatory set forth in Table 1 below (provided that, in the event that one or more Partial Settlements (as defined below) occur prior to a Settlement of All Claims, such that the agreement of the Settling Signatory to the Settlement of All Claims is not required hereunder, the percentage share listed in Table 1 for each Signatory participating in the Settlement of All Claims shall be adjusted as provided in Subparagraph 3(d) below); and (C) the Visa Portion of the Settlement shall be allocated as a “Visa Litigation Obligation” in accordance with Sections 3(a) and 3(b) of the Visa LSA (as defined in Subparagraph 6(d) below) and treated as a Visa Litigation Obligation under the Visa LSA and as being exclusive of any “JSA MasterCard Portion” as that term is used in Section 3 of the Visa LSA, notwithstand...
Settlement of All Claims. The finalisation of this Agreement by the parties, settles in full all wages and conditions claims however arising against the Company by the Union and employees. It is agreed by the parties that up to the nominal expiry date of this agreement:
Settlement of All Claims. By the consummation of this Agreement any and all claims of (i) the Employee against Cybernet and its subsidiaries or (ii) Cybernet or its subsidiaries against the Employee arising from or relating to the Employment Agreement shall be finally settled except as provided (i) herein, (ii) in the Mutual Release as of today entered into by and between Cybernet, the Employee and various other parties, or (iii) in any other release and indemnity arrangement or settlement agreement.
Settlement of All Claims. The parties agree and acknowledge that this Agreement shall constitute the full and final settlement of all claims or potential claims between them at law or in equity, for damages or attorneys fees in connection with or arising from the SPA or RRA, from the beginning of time to the date of this Agreement; provided, however, that nothing herein shall constitute a waiver or release of any claims or causes of action arising out of or in connection with (i) any breach of this Agreement or (ii) circumstances or events occurring after the effective date of this Agreement. Each party further agrees that it shall pay its own attorneys’ fees incurred in connection with negotiating and drafting this Agreement.
Settlement of All Claims. The finalisation of this agreement by the parties settles in full all wages and conditions claims however arising against the Company by all employees. For the life of this agreement, the AWU and or its members and or employees of BBSS shall not make additional demand or claim from BBSS for any alteration, change or improvement to any pay rates, allowances, monetary or benefit entitlements or employment conditions, For the life of this agreement BBSS will not make additional demand or claim on its employees for any alteration, change or improvement to any pay rates, allowances, monetary or benefit entitlements or employment conditions.
Settlement of All Claims. Employee represents Employee does not claim an interest in, has not made any CLAIMS, or has not filed any complaints or charges against any or all of the RELEASEES with any local, state, or federal department, agency or court. While nothing in this agreement prevents Employee from filing a charge of discrimination with the EEOC or from participating in an EEOC investigation, the release herein does waive any rights Employee may have recover any damages or other relief in any CLAIM that exists as of the execution date of this Agreement brought by or through any local, state, or federal department, agency, or court.
Settlement of All Claims a. Within 30 days of the date that this Agreement is executed by the Parties, the Board of Supervisors will consider the recommended actions outlined in Paragraph 3, above.
Settlement of All Claims. As described with more particularity in Article IX, and subject to the limitations set forth therein and in Section 4.2.1 (ii), all claims against the Mirant Parties and their Related Parties by the Settling Participants, and all claims against the Settling Participants and their Related Parties by the Mirant Parties, for damages, refunds, disgorgement of profits, revocation of market-based rate authority, or other monetary or non-monetary remedies, in the FERC Refund Proceeding, the FERC Long-Term Contract Proceeding, the FERC Gaming Proceeding, the FERC RMR Proceedings, the FERC MBR Proceedings, FERC Docket No. EL01-10, Lockyer v. FERC, the Lockyer v. FERC Remand, the litigation matters addressed in Article IX and Exhibit D, and the Bankruptcy Proceedings (excepting only those claims identified in Exhibit A and those claims asserted by Additional Settling Participants that are not released in Section 8.2, Section 11.2 or Article IX) shall be deemed settled and resolved upon the occurrence of the Settlement Effective Date, provided that none of the FERC Refund Proceeding, the FERC Gaming Proceeding, FERC Docket No. EL01-10, Lockyer v. FERC, the Lockyer v. FERC Remand, or other claims shall be deemed settled as to Non-Settling Participants. The Settlement and this Agreement also fully resolve and satisfy completely each of the following: (i) any and all claims that the Mirant Parties have or may have against PG&E with respect to the power purchase agreement between MAEM and PG&E made under the Western Systems Power Pool Master Agreement and the “Master Netting, Close-out Netting and Margin Agreement” dated October 25, 2000, and the Mirant Parties hereby waive and release PG&E and its Related Parties from any such claim; (ii) any and all claims that the Mirant Parties have or may have against PG&E as a result of PG&E’s June 15, 2003 draw on the Letter of Credit issued by Wachovia Bank, N.A. on behalf of MAEM (Number LC870-131459), and the Mirant Parties hereby waive and release PG&E and its Related Parties from any such claim; and (iii) any and all claims that PG&E may have against MAEM or any Mirant Party or any of their Related Parties for the early termination of or otherwise with respect to the power purchase agreement between MAEM and PG&E made under the Western Systems Power Pool Master Agreement and the “Master Netting, Close-Out Netting and Margin Agreement” dated October 25, 2000, and PG&E hereby waives and releases the Mirant Parties and their Rel...
Settlement of All Claims. It is agreed that this is a settlement and release of any and all claims, known or unknown, of the parties as of the date of this agreement. This includes all claims related to either Redstone Residential or Liberty Square. Other than any amounts stated herein, each party shall bear their own costs and expenses, including attorney fees.
Settlement of All Claims. The parties to this Agreement hereby agree to settle and mutually release the other party from any claims that party may have from the beginning of time until the date of this Agreement regarding any transaction relating to the purchase of the Debenture and any amendments to the Debenture and agree to hold the other party harmless from any costs, expenses or claims which the other party may suffer if any party breaches this Agreement and hereafter brings a claim against the other party relating to any right or remedy being waived, released or settled hereby. Dated this 30th day of April, 2003. NAVIDEC, INC. By: -------------------------------------------- J. Xxxxx Xxxxxx, Chief Executive Officer HOLDER: ----------------------------------------------- Full Name By: --------------------------------------------
